"Without prejudice" conversation and settlement offer following grievance against manager

[Quirkyme]

Evening,

Today, I received an email inviting me to a "without prejudice conversation" to discuss a "confidential settlement proposal" following the substantial grievance I raised last month against my manager. The issues included racism, bullying, harassment, multiple data breaches, and colluding with colleagues and customers, all supported by evidence.

The meeting is scheduled for April 11th, 2024, via Teams. I'm seeking advice, tips, and insights to prepare effectively. As I'm hesitant to attend alone, I plan to bring a friend for support since I'm no longer part of a union.

I spoke with ACAS earlier today for guidance and plan to conduct further research. Any experiences, information, or advice would be greatly appreciated.

I also submitted a Subject Access Request as part of my grievance. Last week I received an emailing informing me they are extending the deadline until the 14th June (!) to provide me the SAR due to its “complex” nature. Is this something I should be considering as part of my settlement/negotiation too?

I’m anticipating potential lowball offers but my goal is to reach a fair and suitable agreement, considering the distress this situation has caused. I'm still willing to pursue this matter to the fullest extent if needed, as reflected by the substantial grievance.

Hopefully I’ll be moving on from this living hell sooner rather than later.

My advice is go in knowing what you want in terms of financial settlement, but also any apology or agreed reference etc. Try to ensure your numbers are backed up by e.g. examples of employment tribunal awards in reasonably similar circumstances. Try not to be too emotional (difficult in the meeting). Take plenty of notes. Do not agree to anything there and then, and be aware that if you are asked to sign a settlement/compromise agreement you MUST get legal advice (it's normal for the employer to reimburse this up to a certain amount).

Thank you :)

Don’t be afraid to negotiate. They are not going to put their top offer on the table immediately.

if payment of your notice period is contractual, then it will be taxed. A settlement up to the first £30k should be tax free.

tell them that the stress is affecting you and you don’t feel able to work your notice.

Definitely ask for more than you are offered.

Think through the variables and how you'd react... e.g

• £x amount and an apology/acknowledgment of your experience
• £higher amount but no acknowledgment
• Changes to process, policies etc

Ultimately, for you, what's the outcome that makes you feel you've had justice.

If you play the 'worst case scenario' game in your head beforehand, you can prepare your head for how you'll react and that could help control the emotion on the day.

I've been there. If they are offering settlement, for sure they already know they are in trouble. Make sure a decent reference is part of the deal. Whatever they offer initially, you should double at least. Sign nothing until you have had the document checked by a solicitor specialising in employment law and get them to pay his bill too

If the meeting is on Teams, will your support person be physically in the same room as you? Or just online on the call?

Think how you want to use them, and how you'll communicate with each other.

During the meeting, don't be afraid to ask to pause while you gather your thoughts - mute your audio, camera off while you breathe, think and confer with your support.

Do you have an idea of the financial settlement you want? What’s that based on?

please ignore the advice to at least double their initial offer.

in this first meeting I would simply listen to their proposal and I’d end it with saying that obviously they have the benefit of having in house expertise and access to solicitors and you don’t, so in the first instance you want £1k to take legal advice, regardless of whether you end up signing an agreement or not, as that will be the quickest route to concluding the matter. If you have to find someone who will work do a free consultation /no win no fee or just cheap, it will take longer and they might not be as sensible and pragmatic.

Don't go to the meeting alone, take someone with you.

Think about what you want to get from it:

• a reference
• pay in lieu of notice and holidays
• settlement figure, go high here i.e. if you ask for 6 months pay you'll probably get 3.
• an apology?

Remember if you go down the route of a settlement you'll probably have to sign an NDA and can never pursue any of the claims you have against the employer. Weigh up whether you're okay to compromise on that to avoid the stress of a tribunal.

They'll probably ask you to drop the SAR and grievance as part of the settlement.

You don't have to sign the NDA and I suggest that you seek legal advice first before the meeting.

Are you in a union? My union were excellent and guided me through the whole process, provided a solicitor etc.

No you don't need to sign but it's highly unlikely that any employer will settle without insisting on a NDA. They're looking to protect their reputation in all of this and avoid the expense and reputation damage of a public tribunal outcome.

They will offer you an amount of money to leave quietly

This is likely to be pay in lieu of notice (ie pay your contractual notice period, but not ask you to work it) plus an additional amount on top. The additional amount will be tax free, so potentially worth quite a bit. The pay in lieu is taxed as normal.

Don’t agree to anything in the meeting
Say you need time to think about things
Then ask for a follow up discussion once you know what you want

Ask plenty of questions - if you Google “without prejudice “ and “settlement agreement” you’ll find examples of questions to ask
Ask them to confirm the offer in writing so you can think about it

Always negotiate
I can’t stress that enough
whatever they offer is just the starting point
if your grievance is substantial and well documented, it is not unreasonable to expect a significant increase in what they offer initially. Typical strategy would be to go back asking for double their offer, then compromise in the middle. A good lawyer will negotiate for you - def get them to contribute to legal costs

def think about what YOU want

you won’t get an admission of fault
but you can negotiate on notice period (ask for pay in lieu or gardening leave, not working your notice for example), money, ensuring you get a good reference etc … any other employment benefits

The talk of NDAs is misleading. If you reach a settlement agreement then it will be confidential and you will need to be confidential about your dispute/grievance, the existence of a settlement and the terms under which you left.

I’m going through a similar situation at the moment and would recommend that you speak to a solicitor. Find one that specialises in settlements.

I’ve been told that they typically include payment in leau of notice (or gardening leave) plus 3-6 months salary (the first £30k is tax free) although I do know someone who got 12 months salary but I think that was pretty exceptional.

I wouldn’t agree to anything in the meeting, request they put their offer in writing and request reasonable time to consider it.

If they came to you first about a settlement that puts you in a good position.